Apply for green card while wife is in US on tourist visa?

[motoperpetuo 3]

My Honduran wife and I started the CR-1 process in 2015. In 2016 I found a job in Honduras and moved there, after we'd already submitted the I-130. There was a problem with some of the supporting documentation but we finally got that cleared up and in May of 2018 received an embassy interview for 05 June 2018. Since we were planning on staying in Honduras for another year or two, we asked the embassy to postpone the interview indefinitely. 

 

Unfortunately shortly thereafter I lost my job, so now we're back in the US. We were unable to get another interview before leaving Honduras, so she is here on a tourist visa.

 

Is there a way she can apply for a green card while we're here in the US? We met an immigrant from Ukraine who was originally in the US on an H1-B and managed to get residency after getting married in the US and she felt that we could get my wife residency without her having to return to Honduras for an interview, but I'm thinking our process with the CR-1 is completely different. Does anyone know?

[TNJ17 1,329]

Entering the US on a tourist visa with intent to adjust status is illegal. If you can prove you had no intent on doing that you can try but you’re not gonna be able to because you had already submitted a petition for this. You’re gonna have to start all over and the foreign spouse will have to wait the process out in their home country. 

[Abies 1,713]

20 minutes ago, motoperpetuo said:

My Honduran wife and I started the CR-1 process in 2015. In 2016 I found a job in Honduras and moved there, after we'd already submitted the I-130. There was a problem with some of the supporting documentation but we finally got that cleared up and in May of 2018 received an embassy interview for 05 June 2018. Since we were planning on staying in Honduras for another year or two, we asked the embassy to postpone the interview indefinitely. 

 

Unfortunately shortly thereafter I lost my job, so now we're back in the US. We were unable to get another interview before leaving Honduras, so she is here on a tourist visa.

 

Is there a way she can apply for a green card while we're here in the US? We met an immigrant from Ukraine who was originally in the US on an H1-B and managed to get residency after getting married in the US and she felt that we could get my wife residency without her having to return to Honduras for an interview, but I'm thinking our process with the CR-1 is completely different. Does anyone know?

This is called Visa Fraud.

 

She should return back home and go through the CR1/IR1 route.

[motoperpetuo 3]

Are you saying that it's fraudulent for my wife to be here on her tourist visa while we're in the CR-1 process? We explained our situation and what we are doing to ICE  when we entered the US a few weeks ago, including the fact that my wife would eventually return to Honduras for her embassy interview. ICE allowed her to enter the US, so I doubt we're committing fraud. Or did you mean that it would be fraudulent if my wife were to apply for a green card while she were here on her tourist visa? If that's the case we won't do that. That's why I'm asking the question.

Regardless, I don't see how the strong language or the implication that we're committing or considering committing a crime is necessary.

[Rusty72 68]

48 minutes ago, motoperpetuo said:

. Or did you mean that it would be fraudulent if my wife were to apply for a green card while she were here on her tourist visa? 

YES

And I don't think you mentioned that bit of info when you entered the U.S. on her tourist visa

[motoperpetuo 3]

5 hours ago, Rusty72 said:

YES

And I don't think you mentioned that bit of info when you entered the U.S. on her tourist visa

 

Of course not. It hadn't even occurred to us until we met this Ukrainian who suggested it might be possible. That wasn't clear from my last paragraph? There aren't many Ukrainians in Honduras, and I thought the fact that I mentioned talking to ICE first and then meeting the Ukrainian would make it clear, but maybe not.

These implications that we're somehow trying to commit a crime are very frustrating to me because we've been in this difficult and very expensive process for years, trying to do it legally, while all around me I see people both in my wife's country and the US profiting massively from openly and cynically committing visa fraud.

[Roel 7,191]

You're already done with the process and according to your post all you need to do is schedule an interview... 

 

But instead you want to pay over 1.200$ for AOS and wait another 12 to 14 months for your spouse green card and about 6 months for her ability to even work and travel. I mean, you didn't think it's going to be free and fast process right? 

 

Yeah. Make sense. 

Edited August 1, 2018 by Roel

[pushbrk 12,107]

It's possible but it would be faster and less expensive to complete the visa process.  No, it is not fraud to apply for adjusting status, since it was certainly not her intent upon entry.  Doing so, would invalidate her visitor visa as well.

 

When entering the US, you dealt with Customs and Border Control agents, not ICE. (Immigration and Customs Enforcement)  Both part of Homeland Security along with USCIS but three separate agencies.

Edited August 1, 2018 by pushbrk

[motoperpetuo 3]

2 hours ago, Roel said:

You're already done with the process and according to your post all you need to do is schedule an interview... 

 

But instead you want to pay over 1.200$ for AOS and wait another 12 to 14 months for your spouse green card and about 6 months for her ability to even work and travel. I mean, you didn't think it's going to be free and fast process right? 

 

Yeah. Make sense. 

$1,200 is nothing. Chump change, less than a ticket to Honduras which is FAR from the only expense we'll incur when she returns for her interview. $1,200 and my wife not having to return to Honduras while we figure out what to do with our two small children while she's there and I'm here in the US working would be a godsend compared to the process and expense we're looking at here in the real world.

Make sense now?

 

[Roel 7,191]

Nope. Still doesn't make sense in my opinion. Instead of going to the interview of process you already finished  you're planning on starting this long and expensive process that is not 100% guaranteed to be approved. 

 

But good luck. 

[motoperpetuo 3]

1 hour ago, pushbrk said:

It's possible but it would be faster and less expensive to complete the visa process.  No, it is not fraud to apply for adjusting status, since it was certainly not her intent upon entry.  Doing so, would invalidate her visitor visa as well.

 

When entering the US, you dealt with Customs and Border Control agents, not ICE. (Immigration and Customs Enforcement)  Both part of Homeland Security along with USCIS but three separate agencies.

I appreciate your helpful answer. I'm surprised at how the others who've responded have attacked us. I suppose it's frustration at all the actual visa fraud out there, but I think my original post made it clear that we are trying to do this all legally and that was why I was asking the question. I think I'll talk to a lawyer and see what expense would be involved in applying while we're in the US. If we could avoid my wife's having to go back and leave me here with our children while I'm working, it might be worth it. Thanks again.

[motoperpetuo 3]

4 minutes ago, Roel said:

Nope. Still doesn't make sense in my opinion. Instead of going to the interview of process you already finished  you're planning on starting this long and expensive process that is not 100% guaranteed to be approved. 

 

But good luck. 

Thanks. Like I said, WAY less money and the family doesn't have to be separated if you're right (I hope you are). Sure, she can't travel outside the US but with only me working and two children under three years old, we weren't exactly planning any European vacations or anything like that anytime soon.

[Mollie09 1,543]

Yes, your wife can adjust status in the US. Intent is determined at POE so since she's already here you don't have to prove anything.

 

Check out the AOS guide here: http://www.visajourney.com/content/i130guide2

 

Good luck!

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[pushbrk 12,107]

9 hours ago, motoperpetuo said:

I appreciate your helpful answer. I'm surprised at how the others who've responded have attacked us. I suppose it's frustration at all the actual visa fraud out there, but I think my original post made it clear that we are trying to do this all legally and that was why I was asking the question. I think I'll talk to a lawyer and see what expense would be involved in applying while we're in the US. If we could avoid my wife's having to go back and leave me here with our children while I'm working, it might be worth it. Thanks again.

The additional filing fee just to apply to adjust status is $1,225 and then you'll be paying 3 to $500 or more for a new medical exam in the US.  If all your wife goes back for is an interview and perhaps a medical, there's no reason for her to be gone more than a couple weeks.  Weigh it out and make your choice.